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4 Cards in this Set
- Front
- Back
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What is omission liability? |
Where a person fails act in a situation giving rise to an offence recognized by the law. |
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How does omission liability come about? |
Through statutory duty or situations recognized by the common law. |
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The situations: |
Contractual duty: R v Pittwood -accused was supposed to to be present to control the lever crossing at the railway he was working at. Collision of train happened with pedestrian. Court held him liable for omitting his contractual duty. Two important issues arise form the above case:1. Is there a contract?2. whether the contract imposed a specific or general duty on the defendent? |
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Duty arising from legal/ blood relationships: R v Gibbins & Proctor- man and woman convicted of the death of child. The child starved to death because they withheld food from the child. The court held both guilty for breaching duty parent owed to their child |
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